Crimes Against the Person

Question 1

What are the elements of murder?

Answer 1

1. Unlawful killing
2. Of a human being
3. With malice

Question 2

What are the elements of manslaughter?

Answer 2

1. Unlawful killing
2. Of a human being.

Question 3

What is the actus reus for murder?

Answer 3

The act that results in the death.

Question 4

Can assisting someone in suicide incur accomplice liability for assistor?

Answer 4

No, the death must be caused by someone other than victim (suicide ≠ homicide)

Question 5

In situations when a victim is already dying, what is the criminal liability for any speeding up of the death?

Answer 5

The accelerating factor: the actual cause of death.

Question 6

When a victim dies more than 1 year and 1 day after ∆’s act that was the cause in fact of death, what is the liability to the ∆?

Answer 6

Then the death is unforeseeable and the ∆ is not the legal cause of the death.

Question 7

A ∆ who does not kill the victim may be liable for a killing in what circumstances?

Answer 7

Accomplice: ∆ is the accomplice to the actual killer

Conspiracy: where the reasonably foreseeable result of a conspiracy is a homicide and homicide committed in furtherance of the conspiracy. ALL MEMBERS can be held responsible for the homicide

Substantial Factor: where both a 3rd party and ∆ together caused a victim’s death—both are the actual cause

Co-Felon Liability: if the killing qualifies as a felony murder, non-killing co-felons may also be guilty of murder.

Question 8

What is the mens rea for all murders?

Answer 8

Malice: express or implied.

Question 9

What must be proven for malice?

Answer 9

1. Intent to kill
2. Intent to inflict grievous bodily harm

Or

3. Depraved heart: an unintended killing resulting from extreme risk creation that manifests a wanton disregard for human life.

Question 10

What can establish intent to kill?

Answer 10

1. ∆ acts with purpose to kill or knowledge that conduct will kill
2. Deadly Weapons Doctrine: when ∆ uses an instrument designed to kill or used in a manner to inflict grievous bodily harm.

Question 11

When can the mens rea for intent to inflict grievous bodily harm be established?

Answer 11

Intent to inflict grievous bodily harm can arise from:

1. Conscious desire

Or

2. Substantial certainty that conduct will result in injury.

Question 12

What is depraved heart murder?

Answer 12

Malice is implied where the defendant causes death as a result of an extreme risk creation that manifests a wanton disregard for human life.

Question 13

What are the elements of depraved heart murder?

Answer 13

1. Reckless or grossly negligent conduct
2. That creates extreme risk to others

And

3. Demonstrates a wanton indifference to human life.

Question 14

For felony murder, malice is established by?

Answer 14

Causing a death during the commission of the “right type” of felony.

Question 15

What are the elements of felony murder?

Answer 15

1. Unintentional injury that results in killing
2. Proximately caused during the attempt, commission or flight from
3. An Inherently dangerous felony.

Question 16

What are the right type of felonies for felony murder rule?

Answer 16

1. A felony listed in the state’s murder statute

Or

2. An independent of the killing that is inherently dangerous.

Question 17

When is a felony not independent of a killing?

Answer 17

If the primary purpose is serious physical harm, then the felony will not trigger felony murder.

Question 18

What are the tests for inherently dangerous felonies?

Answer 18

Abstract test: it is foreseeable that the act will endanger human life (majority)

Context test: in the context of the act, it was foreseeable that the act will endanger human life (minority).

Question 19

List the felonies that generally qualify for felony murder?

Answer 19

1. Burglary
2. Arson
3. Rape
4. Robbery

And

5. Kidnapping

Question 20

When does a felony start for the felony murder rule?

Answer 20

When the ∆ could be convicted of attempting the underlying felony.

Question 21

When is the felony deemed to have terminated?

Answer 21

1. When the felon has reached a temporary place of safety; a temporary place of safety

And

2. The felony is no longer ongoing.

Question 22

When does felony murder co-felon liability occur?

Answer 22

When a victim is killed by a member of a conspiracy.

Question 23

What is the majority rule for felony murder co-felon liability?

Answer 23

The Agency Rule: A co-conspirator is liable for all killings by co-felons. There is no liability for killings committed by non-felons.

Question 24

What is the minority position on felony murder co-felon liability?

Answer 24

All felons were liable for any homicide that occurred during the perpetration of the felony. Any death proximately caused by the felony was attributed to all co-felons.

Question 25

When does the **non-violent felon exception** apply?

Answer 25

A minority of common law jurisdictions exempt from felony murder liability a non-violent co-felon who participates in the conspiracy in a non-violent way.

Question 26

When does the **deserving victim exception** apply?

Answer 26

A minority of common law jurisdictions also exempt from felony murder liability a killing of a co-felon

Question 27

When does the **redline limitation** apply?

Answer 27

Minority jurisdictions exempt from felony murder liability killings at the hand of a non-felon killing a co-felon.

Question 28

What are the **elements** of **first degree murder**?

Answer 28

1. Premeditation of the intent to kill 2. Deliberation on killing And 3. An intentional unlawful killing of a person.

Question 29

What do **all murders** require **proof** of?

Answer 29

Malice

Question 30

What does **premeditation** require?

Answer 30

1. There must be a thought about killing And 2. A period of time has elapsed before killing.

Question 31

What does **deliberation** require?

Answer 31

1. A rational thought about the killing And 2. The ∆ makes the choice to kill.

Question 32

What is **second-degree murder**?

Answer 32

Second-degree murder is any killing with malice but without premeditation and deliberation.

Question 33

Define **voluntary manslaughter**?

Answer 33

An intentional killing that is mitigated by: 1. Adequate provocation 2. Diminished capacity Or 3. Imperfect self defense.

Question 34

What are the **elements** for **adequate provocation** manslaughter?

Answer 34

1. ∆ must be adequately provoked 2. The provocation that would lead an ordinary, reasonable-person to lose self control 3. There is a causal connection between the provocation and the killing (∆ actually provoked) 4. The killing must occur while rage is hot And 5. A reasonable person would not have cooled off by the killing.

Question 35

What circumstances does **adequate provocation exist**?

Answer 35

1. ∆ is a victim of a serious battery 2. ∆ sees spouse engaged in sexual conduct with another person Or 3. ∆ observes the serious physical injury of a close family member.

Question 36

Are mere **words** enough for **adequate provocation**?

Answer 36

Never

Question 37

What are the **defenses** to **malicious intent**?

Answer 37

1. Diminished mental capacity Or 2. Imperfect self-defense: an honest but unreasonable use of deadly force.

Question 38

What are the **elements** of **involuntary manslaughter**?

Answer 38

1. An unintentional killing And 2. Unjustified risk creation.

Question 39

What does involuntary **manslaughter risk creation** requires proof of?

Answer 39

1. ∆ subjectively aware of the risk and ignores it or ∆ unaware but a reasonable person would have been aware 2. The risk is greater than mere negligence.

Question 40

What is **misdemeanor manslaughter**?

Answer 40

An unintentional killing that occurs during the commission or attempted commission of a: 1. misdemeanor which is malum in se (evil in and of itself) Or 2. A felony which is not of the inherently dangerous.

Question 41

What **classification** of crime are **assault** and **battery** at common law?

Answer 41

Misdemeanors.

Question 42

What are the **elements** of **criminal battery**?

Answer 42

1. Act is intentional or reckless or criminally negligent And 2. Act applies unlawful force to another person

Question 43

What **circumstances** elevate a simple battery (misdemeanor battery) to **aggravated battery**?

Answer 43

1. ∆ causes serious bodily injury 2. ∆ uses a deadly weapon to commit the battery Or 3. ∆ batters special category of victim

Question 44

What are the common **defenses** to **battery**?

Answer 44

1. Valid consent 2. Self defense or defense of others Or 3. Used to prevent a crime

Question 45

What are the two **types** of **assaults**?

Answer 45

1. A failed attempted battery And 2. Fear of battery assault

Question 46

What does **failed attempted battery assault** require?

Answer 46

Only that the defendant intended to commit the battery. His success does not matter.

Question 47

When does **fear of battery assault** occur?

Answer 47

∆ does not intend to commit a battery but acts with threatening conduct intended to cause reasonable apprehension of imminent harm in the victim.

Question 48

Is a **conditional threat** sufficient for **fear of battery assault**?

Answer 48

It is not enough because it is not immediate.

Question 49

In what type of **assault** does the **victim** need to be **aware** of the threatened battery? When do they not?

Answer 49

The victim must be aware in fear of battery assault. Not in a failed attempted battery

Question 50

When does a victim have a **reasonable apprehension** for **fear of battery assault** to occur?

Answer 50

The victim does not have to actually be afraid but rather to simply (and reasonably) anticipate or expect that the defendant's act(s) will result in immediate bodily harm.

Question 51

When will a simple assault rise to the level of an **aggravated felony assault**?

Answer 51

1. The defendant commits an assault with a dangerous weapon 2. The defendant acts with the intent to rape or murder the victim Or 3. The victim is specially protected by the statute.

Question 52

What does the felony of **mayhem** require?

Answer 52

1. The intent to maim or do bodily injury And 2. An act that a. Disfigures victim Or b. Disables some part of their body.

Question 53

When does **false imprisonment** occur?

Answer 53

1. Victim is intentionally confined 2. Confinement is against the law And 3. The victim is completely or fully confined.

Question 54

What are the **elements** of **kidnapping**?

Answer 54

1. Victim is intentionally confined 2. Confinement is against the law 3. Victim is confined by a show of force And 4. Victim is moved.

Question 55

What are the **elements** of **rape**?

Answer 55

A reasonable person in the ∆'s situation would have known that the victim was not consenting.

Question 56

What is the **defense** to **rape**?

Answer 56

Mistake of fact if the mistake is: 1. Honest And 2. Reasonable.

Question 57

When does **statutory rape** occur?

Answer 57

Anytime a person is under the statutorily prescribed age of consent has sex. Statutory rape applies even if the victim expresses consent or ∆ mistakenly believes person is of legal age.

Question 58

When does **bigamy** occur?

Answer 58

When a person is married to more than one person.

Question 59

When is **mistake** a **defense** to **bigamy**?

Answer 59

Never

Question 60

When does **incest** occur?

Answer 60

Whenever there are sexual relations between individuals who are closely related to one another.

Question 61

A ∆ without premeditation or deliberation cannot be guilty of?

Answer 61

1st degree murder

Question 62

**Voluntary intoxication** impacts what element of **murder**?

Answer 62

Deliberation

Question 63

When can an individual use **non-deadly force** to **resist** a **police** officer?

Answer 63

When the police officer is attempting an arrest and the individual does not know it is a police officer.

Question 64

When does the **misdemeanor manslaughter** rule apply?

Answer 64

When the underlying misdemeanor is "inherently wrong" and death is foreseeable given the misdemeanor.

Question 65

What are the default **degrees** of **murder**?

Answer 65

1st degree: Premeditated and Deliberate Murder And 2nd Degree: a. Depraved heart Or b. Substantial bodily injury

Question 66

What is the criminal liability when a ∆ **punches** someone, not intending to cause substantial bodily harm, and **they die**?

Answer 66

Egg-Shell Skull Rule: Involuntary manslaughter.